NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rosenthal v R [2008] NSWCCA 149 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16/06/2008
JUDGMENT DATE: 2 July 2008
JUDGMENT OF: Spigelman CJ at 1; Hidden J at 2; Latham J at 24
DECISION: Leave to appeal granted, appeal allowed. Sentence in District Court quashed. In lieu, applicant sentenced to non-parole period of 1 year and 9 months, commencing on 18 December 2006 and expiring on 17 September 2008, and a balance of term of 1 year and 3 months, commencing on 18 September 2008 and expiring on 17 December 2009. Direct applicant's release on parole on 17 September 2008.
CATCHWORDS: CRIMINAL LAW: - application for leave to appeal against sentence - driving under the influence of a drug occasioning grievous bodily harm - victim the applicant's partner - loss of unborn child - applicant disqualified driver and on bail for other offences - those factors not relevant to abandonment of responsibility
LEGISLATION CITED: Crimes Act s52A(3), s52A(8)
CASES CITED : R v Whyte (2002) 55 NSWLR 252 R v Jurisic (1998) 45 NSWLR 209
PARTIES: Danny Alon Rosenthal
FILE NUMBER(S): CCA 2007/2975
COUNSEL: G P Segal and B Brassil (applicant) J Dwyer (Crown)
SOLICITORS: Segal & Associates (applicant) Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/1073; 06/11/0643
LOWER COURT JUDICIAL OFFICER: Hulme DCJ
LOWER COURT DATE OF DECISION: 13 April 2007
IN THE COURT OF CRIMINAL APPEAL CCA 2007/2975
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